U.s. Agencies Investigate Police Killing

The FBI and the U.S. Department of Justice have joined the investigation into the police-involved shooting death of a wheelchair-using man in North Miami Beach, police said Thursday.

The agencies join the investigation shortly after the family of Alpheaus Dailey released the results of an independent autopsy revealing that Dailey was shot four times in the back by Officer Dennis Fogelgren, 24, on June 17.

Police Chief William Berger said he asked that federal authorities get involved to reassure the public, not because he suspects wrongdoing on the part of the officer.

"If you've been watching the media lately, there's a lot of concern about police policing themselves," Berger said. "I feel that it's important that we have an independent agency also investigate ... .We understand the sensitivity of this issue."

The Florida Department of Law Enforcement joined the investigation two days after the shooting, also at the police department's request.

The independent autopsy was performed by Dr. Ronald Wright, former chief Broward County medical examiner from 1980 to 1994 and deputy chief in Miami-Dade County from 1976 to 1980.

"No human deserves to be shot in the back by police," said H.T. Smith, an attorney for the family.

Dailey, 27, who was affectionately known as "Duke" in his Washington Park neighborhood, was fatally wounded on June 17 when Fogelgren shot him, police said. Dailey was a familiar figure to police. He had an extensive criminal record, and was paralyzed in a drive-by shooting in 1994.

Police released a tape recording of the incident Tuesday, on which Fogelgren told a rescue dispatcher that he had shot Dailey "like in the back."

According to the police tape, Fogelgren had responded to a report of a stolen car when he heard shots near Northeast 152nd Terrace and 15th Court.

On the tape, Fogelgren is heard saying he was "going to wait to walk up here on Duke until I get some backup." After Fogelgren then radioed that "he's got a gun," shots were fired.

Jason T. Smith can be reached at jsmith@sun-sentinel.com or 305-810-5006.